Paciente v. Dacuycuy Digest

Paciente v. Dacuycuy 114 SCRA 924

G.R. No. L-58319 June 29, 1982

Ponente: Guttierez, J.:

Facts:

1. Leonardo Homeres died, leaving to his widow Lilia, and two (2) minor children a lot. Subsequently, the lot was sold to Conchita Dumdum, who later on sold it to the petitioner. The petitioner then mortgaged the subject lot to the Citytrust bank as security for a loan. Thereafter, Lilia was declared guardian of the minors in the guardianship proceedings.

2. The guardianship court issued an order for the cancellation of the transfer certificate of title for the lot. It also ordered the petitioner to pay the minors the price of the lot alienated. Hence, this petition.

Issue: Whether or not the guardianship court has jurisdiction to order the cancellation on the transfer certificate of title of the subject lot

RULING: Yes, in this case the title and ownership of the minors over the disputed property is clear and indisputable, as such, the court orders for the return or deliver of the property is valid. However, the order directing the payment or deposit of P10,000 is null and void as it was issued without a hearing to determine the value of the property and the time frame for fixing such valuation was unclear.